Patent requirements

Australia

Australia patent application requirements and general information

1.- Australia patent application requirements

– Patent Filing service form.
– Patent specifications (abstract, description, claims and drawings) in English and in Word format.
– Copy of any amendment made to the patent specifications if it applies.
– Copy of the priority document, PCT application number or ISR (International search report) if it applies.
– Payment upfront.
– Power of attorney signed. The template of this document will be sent once the service request is confirmed.

2.- General information of the Australian process

– Priority: The time limit for the PCT national phase entry is 31 months from the earliest date of priority for national phases and 12 months for local patent applications. However the restoration of this term is possible where the failure to meet the deadline was due to an error, omission or circumstances beyond the control of the applicant.

– Examination: The Request for examination must be filed within 5 years from the International Filing Date for PCT national phases and from the filing date for conventional applications. Note also that in Australia it is possible for the applicants to request an accelerated examination under the PPH (Patent Prosecution Highway).

On the other, the examination process can take up to 36 months depending on the invention.

– Patent Grant: Once the patent is accepted for registration the applicant must proceed with the payment of Patent Grant fees within 3 months of the acceptance date. Once the patent certificate is issued we will forward it to the client.

– Maintenance: Maintenance fees must be paid at the beginning of the fourth anniversary of the effective filing date.

– Patent term: 20 years from the date of filing of the application.

For further information you can visit the website of the Australian Patent office in the following link: